News

Headstone inscription puts spotlight on municipal bylaw

MICHAEL-ALLAN MARION, The Expositor
Elliott Choi stands beside the headstone marking the grave of his father, Byung Soon Choi, at St. George Cemetery. Korean characters inscribed on the back of the stone contravene a Brant County bylaw.

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PARIS -- Brant county council is trying to defuse a dispute over a headstone inscribed with Korean characters that contravene a municipal bylaw.

Fearing the possibility of a Charter of Rights and Freedoms case, council decided this week to refer four contentious recommendations from the community services committee back to that committee for further consideration.

"We are in a society today where there are a lot of differences in cultures, and we should have a protocol that is consistent with that," said Coun. Don Cardy.

One recommendation would force the family of the late Byung Soon Choi to remove all engravings on the back of his monument except the family name. The Korean characters represent the deceased's first name and the names of his wife, Kyung Lee, his son, Elliott and daughter Jung.

Another recommendation would confirm for staff a rule that only a family name be on the back of all monuments since the passing of the cemeteries bylaw in 2001, while another would further direct monument dealers and families to ensure that grave markers conform with the county's cemeteries bylaw.

At this week's council meeting were members and relatives of the Choi family, including daughter Jung and her husband, Dave Thomson, and members of the family of the deceased Bruce Bailey.

Both deceased men have plots near each other in St. George Cemetery. The Choi monument is in place, but the remains of the deceased have yet to be interred. Bailey has been buried but his monument has yet to be installed.

Also in the council chamber were two plain-clothed Brant County OPP officers. They were sitting beside David Bailey, the son of Bruce Bailey and a member of the Brant police services board. He bought the plots where his father is buried and other members of the family are intended to be laid to rest.

After asking several questions of staff about each recommendation, Coun. Robert Chambers said he had serious concerns that should give council pause before approving them and possibly triggering a conflict it might regret.

"It is very important that our bylaws be consistent with the Charter of Rights and Freedoms," he said.

He referred to Chapter 27, which states: "This charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians."

He noted that it is part of Korean culture to put genealogical writing on the back of monuments.

Chambers further said he wants a better accounting of the number of monuments in cemeteries across the county that are in violation of the bylaw. He said he didn't believe that there were only three, according to a staff report from an investigation after the issue arose.

And he questioned the fairness of going after only one of the three monuments alleged to be in violation.

Councillors Cardy and Joan Gatward also were concerned about charter issues.

Coun. Cliff Atfield said as far as he was concerned the county should order all three monuments in violation to be altered. It was important to defend the rules, he said.

Complaint raised

The dispute began at a meeting of the cemetery advisory committee on Jan. 24, when a complaint about the Choi monument was raised by Bruce Bailey's family.

According to the minutes, Dave Thomson made a presentation defending the Korean inscription on the back. After some debate the cemetery committee decided to recommend to the community services committee that the existing monument be allowed to remain.

But when the matter was brought up at the Feb. 4 meeting of the community services committee, Florence Smith, the first wife of Bruce Bailey, expressed her concern about the cemetery committee's decision. She told the committee that when the Bailey family purchased cemetery plots, they were told that, according to the county's cemeteries bylaw, only the family name could be engraved on the back of a monument.

Although disappointed, she said they had submitted plans for a monument stone fully in compliance with the bylaw.

About six months later, Smith told the committee, she was surprised to discover the Choi monument on the plot next to her family's, with Korean character engravings on the back. She suggested that either the county should enforce its bylaw for all monuments or discard the provision and notify each plot owner of the change.

She also indicated that her family is no longer interested in having the back of their headstone engraved, but would like to see the adjacent monument moved to a row ahead, because interment of Choi's remains has not occurred yet.

The community services committee heard from staff that several monuments from before the county's amalgamation had extra writing on the backs, due to differences in rules in the former municipalities, but only three could be found to be in violation since the new bylaw for the whole county was approved in 2001.

Shortly before Tuesday's meeting, Bailey's second wife, Louise Rumleskie-Bailey, forwarded a letter to council saying she is concerned about a developing issue with racial overtones, and asked that the Choi monument be left alone.

"It is very hurtful that the county would let anyone use a plot my husband is buried in to be used as part of getting the Korean writing off the headstone next to my husband's grave," Rumleskie-Bailey wrote.

"It has become clear to me from the start that they have only one thing in mind, and that is to get the Korean writing away from the plots that David Bailey bought."

David Bailey said that in conversations with the Choi family he made it clear that he thought the monument tasteful.

Although he acknowledged that some members of his family wanted the Korean writing removed, "I have no opposition to it," he said.

"This whole thing is really tacky. It's just awful. I'm mortified."

Choi's son, Elliott Choi, said the whole issue saddens him.

"It's hard to believe this could happen today in 2013," he said.

"That's all I want to say about it."

In an interview, Brant OPP Insp. Dave Durant, the detachment commander, said he approved sending two officers to the council meeting after receiving a complaint earlier in the week that "instigated an investigation," but declined to give details.

"We had reason to believe there was a possibility of increased emotions," Durant said.